alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Kristen Olmsted, Respondent, v Paul Boronow, Appellant.

[942 NYS2d 816] —

In a child custody and visitation proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Suffolk County (Lechtrecker, Ct. Atty. Ref.), dated March 28, 2011, as, after a hearing, awarded residential custody of the parties’ child to the mother.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

“The court’s paramount concern in any custody dispute is to determine, under the totality of the circumstances, what is in the best interests of the child” *(Matter of Julie v Wills,*73 AD3d 777, 777 [2010]; *see Eschbach v Eschbach,*56 NY2d 167, 171 [1982]; *Haggerty v Haggerty,*78 AD3d 998, 999 [2010]). “Because custody determinations depend to a great extent upon an assessment of the character and credibility of the parties and witnesses, deference is accorded to the trial court’s finding^ and such findings will not be disturbed unless they lack a sound and substantial basis in the record” *(Matter of Otero v Nieves,*77 AD3d 756, 756-757 [2010]; *see Haggerty v Haggerty,*78 AD3d at 999; *Matter of Julie v Wills,*73 AD3d at 777). Here, the Family Court’s award of residential custody of the parties’ child to the mother has a sound and substantial basis in the record and will not be disturbed *(see Matter of McDonough v McDonough,*73 AD3d 1067, 1068 [2010]; *Matter of Chieco v Finn,*68 AD3d 762 [2009]). Rivera, J.P., Dickerson, Leventhal and Cohen, JJ., concur.
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 USC SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report on Form 10-K of Medallion Financial Corp. (the Company) for the year ended December 31, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, pursuant to 18 USC Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my
knowledge:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of the dates
and for the periods expressed in the Report.



|                                     |  |                   
|------------------------------------ |  | ------------------
|                                     | 
|By:                                  |  | /s/ Alvin Murstein
|Chairman and Chief Executive
Officer
|                                    
|Date: March 13, 2009
# C_2019139EN.01010101.xml

| 15.4.2019 | EN | Official Journal of the European Union | C 139/101 |
| --- | --- | --- | --- |

15.4.2019

EN

Official Journal of the European Union

C 139/101

---

Action brought on 20 February 2019 — Kanyama v Council

(Case T-123/19)

(2019/C 139/103)

Language of the case: French

Parties

Applicant: Célestin Kanyama (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, M. Forgeois, and A. Guillerme, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

| — | annul Council Decision (CFSP) 2018/1940 of 10 December 2018, in so far as the applicant remains at No 4 in Annex II to Decision 2010/788/CFSP; |
| --- | --- |

—

annul Council Decision (CFSP) 2018/1940 of 10 December 2018, in so far as the applicant remains at No 4 in Annex II to Decision 2010/788/CFSP;

| — | annul Council Implementing Regulation (EU) 2018/1931 of 10 December 2018, in so far as the applicant remains at No 4 in Annex Ia to Regulation (EC) No 1183/2005; |
| --- | --- |

—

annul Council Implementing Regulation (EU) 2018/1931 of 10 December 2018, in so far as the applicant remains at No 4 in Annex Ia to Regulation (EC) No 1183/2005;

| — | rule that the provisions of Article 3(2)(b) of Decision 2010/788/CFSP and Article 2b(1)(b) of Regulation (EC) 1183/2005/EC are unlawful; |
| --- | --- |

—

rule that the provisions of Article 3(2)(b) of Decision 2010/788/CFSP and Article 2b(1)(b) of Regulation (EC) 1183/2005/EC are unlawful;

| — | order the Council to pay the costs. |
| --- | --- |

—

order the Council to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law which are in essence identical or similar to those raised in Case T-103/19, Mende Omalanga v Council.

---
III 

112TH CONGRESS 

1ST SESSION S. CON. RES. 10 

Authorizing the remains of Frank W. Buckles, the last surviving United 

States veteran of the First World War, to lie in honor in the rotunda 

of the Capitol. 

IN THE SENATE OF THE UNITED STATES 

MARCH 3, 2011 

Mr. ROCKEFELLER (for himself, Mr. BURR, Mr. MANCHIN, Mr. UDALL of Colorado, Mr. BEGICH, Mrs. MCCASKILL, Mr. MENENDEZ, Mr. BROWN of 

Ohio, Mr. LIEBERMAN, Mr. NELSON of Florida, Mr. KERRY, Mr. 

WYDEN, Ms. LANDRIEU, Mr. BROWN of Massachusetts, and Mr. 

MCCAIN) submitted the following concurrent resolution; which was referred to the Committee on Rules and Administration 

CONCURRENT RESOLUTION 

Authorizing the remains of Frank W. Buckles, the last surviving United States veteran of the First World War, 

to lie in honor in the rotunda of the Capitol. 

1 Resolved by the Senate (the House of Representatives 

2 concurring), 

3 SECTION 1. HONORING VETERANS OF THE FIRST WORLD 

4 WAR. 

5 (a) IN GENERAL.—In recognition of the historic con6 tributions of United States veterans who served in the 

7 First World War, the remains of Frank W. Buckles, the 


emcdonald on DSK2BSOYB1PROD with BILLS
2 

•SCON 10 IS 

1 last surviving United States veteran of the First World 

2 War, shall be permitted to lie in honor in the rotunda of 

3 the Capitol from March 14, 2011, to March 15, 2011, so 

4 that the citizens of the United States may pay their last 

5 respects to those great Americans. 

6 (b) IMPLEMENTATION.—The Architect of the Capitol, 

7 under the direction and supervision of the President pro 

8 tempore of the Senate and the Speaker of the House of 

9 Representatives shall take the necessary steps to imple10 ment subsection (a). 

Æ 


emcdonald on DSK2BSOYB1PROD with BILLS
# C_2020114EN.01000801.xml

| 6.4.2020 | EN | Official Journal of the European Union | C 114/8 |
| --- | --- | --- | --- |

6.4.2020

EN

Official Journal of the European Union

C 114/8

---

Judgment of the General Court of 27 February 2020 — Knaus Tabbert v EUIPO — Carado (CaraTwo)

(Case T-203/19) (1)

(European Union trade mark - Opposition proceedings - Application for European Union word mark CaraTwo - Earlier European Union word mark Carado - Relative ground for refusal - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2020/C 114/06)

Language of the case: German

Parties

Applicant: Knaus Tabbert GmbH (Jandelsbrunn, Germany) (represented by: N. Maenz, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Carado GmbH (Leutkirch im Allgäu, Germany)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 14 January 2019 (Case R 851/2018-5), relating to opposition proceedings between Carado and Knaus Tabbert.

Operative part of the judgment

The Court:

| 1. | dismisses the application; |
| --- | --- |

1.

dismisses the application;

| 2. | orders Knaus Tabbert to bear the costs. |
| --- | --- |

2.

orders Knaus Tabbert to bear the costs.

---

(1)  OJ C 182, 27. 5. 2019.

---
# C_2020215EN.01004201.xml

| 29.6.2020 | EN | Official Journal of the European Union | C 215/42 |
| --- | --- | --- | --- |

29.6.2020

EN

Official Journal of the European Union

C 215/42

---

Judgment of the General Court of 13 May 2020 — EC Brand Comércio, Importação e Exportação de Vestuário em Geral v EUIPO (pantys)

(Case T-532/19) (1)

(EU trade mark - Application for the EU figurative mark pantys - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - No distinctive character acquired through use - Article 7(3) of Regulation 2017/1001)

(2020/C 215/53)

Language of the case: English

Parties

Applicant: EC Brand Comércio, Importação e Exportação de Vestuário em Geral Ltda (Sorocaba, Brazil) (represented by: B. Bittner and U. Heinrich, lawyers)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 22 May 2019 (Case R 314/2019-5), relating to an application for registration of the figurative mark pantys as an EU trade mark.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders EC Brand Comércio, Importação e Exportação de Vestuário em Geral Ltda to pay the costs. |
| --- | --- |

2.

Orders EC Brand Comércio, Importação e Exportação de Vestuário em Geral Ltda to pay the costs.

---

(1)  OJ C 312, 16.9.2019.

---
#### PEOPLE v. ACKRON.

(Supreme Court, Apellate Division, First Department.

November 8, 1907.)

Proceedings by the people of the state of New York against Charles E. Ackron.

No opinion. Motion to dismiss appeal denied, upon condition that appellant have his appeal ready for argument at the December term. Order filed.
EXHIBIT 21.1

LIST OF SUBSIDIARIES OF MEDALLION FINANCIAL CORP.



|                                 |  |                                           
|-------------------------------- |  | ------------------------------------------
|Name                             |  | Jurisdiction of Incorporation or Formation
|Medallion Funding Corp.          |  | New York                                  
|                                 | 
|Medallion Capital, Inc.          |  | Minnesota                                 
|                                 | 
|Freshstart Venture Capital Corp. |  | New York                                  
|                                 | 
|Medallion Bank                   |  | Utah                                      
|                                 | 
|Generation Outdoor, Inc          |  | Delaware                                  
|                                 | 
|Medallion Hamptons Holding LLC   |  | Delaware                                  
|                                 | 
|Taxi Medallion Loan Trust I      |  | Delaware                                  
|                                 | 
|Taxi Medallion Loan Trust II     |  | Delaware                                  
|                                 | 
|Medallion Financing Trust I      |  | Delaware
#### Thomas McINTYRE; Deborah McIntyre, Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

Nos. 11-1679, 11-1680.

United States Court of Appeals, Eighth Circuit.

Submitted: Nov. 3, 2011.

Filed: Nov. 4, 2011.

Terri A. Merriam, Principal Litigation Counsel, Merriam & Associates, Seattle, WA, for Appellants.

John A. Nolet, Gilbert Steven Rothen-berg, Deputy, U.S. Department of Justice, Tax Division, Appellate Section, William Wilkins, Internal Revenue Service, Washington, DC, for Appellee.

Before LOKEN, BYE, and COLLOTON, Circuit Judges.

PER CURIAM.

In these consolidated cases, Thomas and Deborah McIntyre appeal the tax court’s1 decision upholding a determination made by the Commissioner of Internal Revenue of their liability for accuracy-related penalties. Upon careful review, *see Namyst v. Comm’r,*435 F.3d 910, 912 (8th Cir.2006) (reviewing tax court’s findings of fact for clear error and its conclusions of law de novo), we conclude that the Commissioner’s determination was correct, for the reasons explained by the tax court. Accordingly, we affirm. *See*8th Cir. R. 47B.

1

. The Honorable Diane L. Kroupa, United States Tax Court Judge.
#### The People of the State of New York, Respondent, v Christopher Banks, Appellant.

—Appeal by defendant from a judgment of the Supreme Court, Kings County (Schwartzwald, J.), rendered January 5, 1982, convicting him of attempted robbery in the first degree, upon his plea of guilty, and sentencing him as a second felony offender to an indeterminate term of 3 to 6 years’ imprisonment.

Judgment affirmed.

Defendant failed to raise his objections to the adequacy of his plea allocution in the court of first instance and, accordingly, has not preserved his claim for appellate review *(People v Pellegrino,*60 NY2d 636; *People v Attardi,*114 AD2d 963). In any event, we find that the allocution established the requisite elements of attempted robbery in the first degree, as intent to harm the victim is not an element of that crime *(see,*Penal Law §§ 110.00, 160.15 [3]).

Defendant contends that his sentence of 3 to 6 years’ imprisonment was excessive. However, defendant was fully advised of his right to a hearing to controvert the predicate felony statement filed by the People. His failure to object to, or controvert the use of, his prior felony conviction as a predicate felony, or request a hearing thereon, was a waiver of his right to challenge that conviction and its validity *(see, People v Barnes,*99 AD2d 877; CPL 400.21 [3], [7] [b]). The sentence imposed upon defendant as a second felony offender was the minimum permitted by statute (Penal Law § 70.06 [3] [b]; [4]). Furthermore, it was in accordance with a negotiated plea agreed to by defendant. He cannot now claim that it was excessive *(see, People v Kazepis,*101 AD2d 816).

Defendant’s claim of ineffective assistance of counsel, which is based on matters dehors the record, should be raised by way of motion pursuant to CPL 440.10 *(see, People v Conyers,*114 AD2d 967). Mollen, P. J., Gibbons, Brown, Niehoff and Fiber, JJ., concur.
# C_2020095EN.01003001.xml

| 23.3.2020 | EN | Official Journal of the European Union | C 95/30 |
| --- | --- | --- | --- |

23.3.2020

EN

Official Journal of the European Union

C 95/30

---

Judgment of the General Court of 11 February 2020 — Jakober v EUIPO (Shape of a cup)

(Case T-262/19) (1)

(EU trade mark - Application for a three-dimensional EU trade mark - Shape of a cup - Inadmissibility of the appeal before the Board of Appeal)

(2020/C 95/37)

Language of the case: German

Parties

Applicant: Philip Jakober (Stuttgart, Germany) (represented by: J. Klink, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Fischer, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 11 February 2019 (Case R 1153/2018-4) relating to an application for registration of a three-dimensional sign consisting of the shape of a cup as an EU trade mark.

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 February 2019 (Case R 1153/2018-4); |
| --- | --- |

1.

Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 February 2019 (Case R 1153/2018-4);

| 2. | Orders EUIPO to pay the costs. |
| --- | --- |

2.

Orders EUIPO to pay the costs.

---

(1)  OJ C 206, 17.6.2019.

---
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 49 Enrolled Bill (ENR)]

        S.J.Res.49

                      One Hundred Twelfth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
            the third day of January, two thousand and twelve

                            Joint Resolution

 
Providing for the appointment of Barbara Barrett as a citizen regent of 
          the Board of Regents of the Smithsonian Institution.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That, in accordance with 
section 5581 of the Revised Statutes of the United States (20 U.S.C. 
43), the vacancy on the Board of Regents of the Smithsonian 
Institution, in the class other than Members of Congress, occurring by 
reason of the expiration of the term of Alan Spoon of Massachusetts on 
May 5, 2012, is filled by the appointment of Barbara Barrett of 
Arizona. The appointment is for a term of 6 years, beginning on the 
later of May 5, 2012, or the date of the enactment of this joint 
resolution.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
exv4w3






Exhibit 4.3




INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE




HEARTWARE INTERNATIONAL, INC.



COMMON STOCK

PAR VALUE $0.001 PER SHARE



 





FULLY PAID AND NON-ASSESSABLE SHARES OF COMMON STOCK OF

HEARTWARE INTERNATIONAL, INC.



 





	 	 	 
	 
	 	 
	 

	 	 
	CHIEF EXECUTIVE OFFICER

	 	CHIEF FINANCIAL OFFICER
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Nathan  Kemp    Biological Science Technician /ARSUserFiles/53790/Kemp2.jpg
 Phone: (309) 681-6236Fax: (309) 681-6672Room 1107USDA ARS NCAUR1815 N University St.Peoria IL 61604
 Nathan is from Northern Illinois and earned his Bachelor’s degree from Knox College with a double major in Biology (Focus in Ecology and Ecosystem Functions) and Environmental Studies. He began his work with the USDA in 2017 working as a Gypsy Moth Trapping Technician for APHIS-PPQ. From there, Nathan worked at NCAUR as an ORISE appointee from mid-2018 until early 2020.  Currently, he works with Dr. William Hay.   Publications(Clicking on the reprint iconReprint Icon  will take you to the publication reprint.)Isothiocyanates: promising larvicides for mosquitoes-(Abstract Only)


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```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 49 Engrossed in Senate (ES)]

112th CONGRESS
  2d Session
S. J. RES. 49

_______________________________________________________________________

                            JOINT RESOLUTION

 
Providing for the appointment of Barbara Barrett as a citizen regent of 
          the Board of Regents of the Smithsonian Institution.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That, in accordance with 
section 5581 of the Revised Statutes of the United States (20 U.S.C. 
43), the vacancy on the Board of Regents of the Smithsonian 
Institution, in the class other than Members of Congress, occurring by 
reason of the expiration of the term of Alan Spoon of Massachusetts on 
May 5, 2012, is filled by the appointment of Barbara Barrett of 
Arizona. The appointment is for a term of 6 years, beginning on the 
later of May 5, 2012, or the date of the enactment of this joint 
resolution.

            Passed the Senate August 1, 2012.

            Attest:

                                                             Secretary.
112th CONGRESS

  2d Session

                             S. J. RES. 49

_______________________________________________________________________

                            JOINT RESOLUTION

Providing for the appointment of Barbara Barrett as a citizen regent of 
          the Board of Regents of the Smithsonian Institution.
```
# C_2019399EN.01007201.xml

| 25.11.2019 | EN | Official Journal of the European Union | C 399/72 |
| --- | --- | --- | --- |

25.11.2019

EN

Official Journal of the European Union

C 399/72

---

Action brought on 10 September 2019 – UPL Europe and Aceto Agricultural Chemical v Commission

(Case T-612/19)

(2019/C 399/90)

Language of the case: English

Parties

Applicants: UPL Europe Ltd (Warrington Cheshire, United Kingdom) and Aceto Agricultural Chemical Corp. Ltd (Port Washington, United States) (represented by: C. Mereu and P. Sellar, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

| — | annul Commission Implementing Regulation (EU) 2019/989 of 17 June 2019; (1) |
| --- | --- |

—

annul Commission Implementing Regulation (EU) 2019/989 of 17 June 2019; (1)

| — | order the defendant to pay the costs. |
| --- | --- |

—

order the defendant to pay the costs.

Pleas in law and main arguments

In support of the action, the applicants rely on four pleas in law.

| 1. | First plea in law, alleging that the contested Regulation was adopted further to manifest errors of assessment. |
| --- | --- |

1.

First plea in law, alleging that the contested Regulation was adopted further to manifest errors of assessment.

| 2. | Second plea in law, alleging that the contested Regulation results from a procedure during which the applicants’ rights of defence have not been respected. |
| --- | --- |

2.

Second plea in law, alleging that the contested Regulation results from a procedure during which the applicants’ rights of defence have not been respected.

| 3. | Third plea in law, alleging that the contested Regulation was adopted in breach of the principle of proportionality. |
| --- | --- |

3.

Third plea in law, alleging that the contested Regulation was adopted in breach of the principle of proportionality.

| 4. | Fourth plea in law, alleging that the contested Regulation was adopted in breach of the precautionary principle. |
| --- | --- |

4.

Fourth plea in law, alleging that the contested Regulation was adopted in breach of the precautionary principle.

---

(1)  Commission Implementing Regulation (EU) 2019/989 of 17 June 2019 concerning the non-renewal of the approval of the active substance chlorpropham, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ 2019 L 160, p. 11).

---